Commission Implementing Regulation (EU) 2015/262 of 17 February 2015 laying down rules pursuant to Council Directives 90/427/EEC and 2009/156/EC as regards the methods for the identification of equidae (Equine Passport Regulation) Text with EEA relevance

3.3.2015	EN	Official Journal of the European Union	L 59/1

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae ¹, and in particular Article 4(2)(c) and (d), the second indent of Article 6(2) and the first subparagraph of Article 8(1) thereof,

Having regard to Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and importation from third countries of equidae ², and in particular Article 4(4) thereof,

Whereas:

• (1) Directive 90/427/EEC lays down the zootechnical conditions governing intra-Union trade in equidae. It requires Member States to ensure that registered equidae being moved are accompanied by an identification document issued by the approved breeding organisations or breeders' associations referred to in that Directive.

• (2) Directive 2009/156/EC lays down the animal health conditions for the movement and the importation from third countries of equidae. It provides that registered equidae are to be identified by an identification document issued in accordance with Directive 90/427/EEC or by an international association or organisation which manages horses for competition or racing. Equidae for breeding and production are to be identified by a method established by the Commission.

• (3) Commission Regulation (EC) No 504/2008 ³, which is applicable since 1 July 2009, lays down rules on the identification of equidae born in or imported into the Union, and sets out an identification document (equine passport) for equidae which is a multipurpose document serving animal and public health as well as zootechnical and equestrian sport's needs. With the focus on the identification document as the constitutive element of the equine identification system, that Regulation only provides for the option to incorporate the information contained in the databases of numerous issuing bodies into a central database or to network their databases with that central database.

• (4) Member States have encountered difficulties in implementing the measures provided for in Regulation (EC) No 504/2008. Those difficulties mainly concern the method of identification of equidae by means of the identification document.

• (5) Investigations carried out by Member States have revealed that the identification document is the target of significant fraud. The main risk represents the illegal reintroduction into the food chain of equidae previously excluded from slaughter for human consumption and treated with medicinal products not authorised for food producing animals. Following the adoption of Commission Decision 2000/68/EC ⁴, thousands of equidae have been irreversibly excluded from slaughter for human consumption. The lack of alternatives to the life-long keeping of redundant and unwanted equidae, which have been excluded from slaughter for human consumption, has led to neglect and abandonment with serious animal health and welfare consequences. This situation has been exacerbated by the current economic situation, which makes in many cases the keeping of equidae at the end of their productive life unaffordable. In certain Member States, the problems have reached such proportions that competent authorities have launched programmes for the slaughter of redundant equidae outside the food chain.

• (6) During recent years, fly-grazing has emerged as a new phenomenon affecting owners of grazed land, since legally they have become keepers of equidae and unintentionally acquired responsibilities under Regulation (EC) No 504/2008. The unclear status of these equidae may also be relevant for the correct application of Union rules in other areas.

• (7) It has become apparent that the information recorded in the database of the issuing body at the time of issuance of the identification document quickly becomes outdated. It is thus extremely difficult, if not completely impractical, for the competent authorities to verify, in the context of certification or an identity check, whether or not an identification document is authentic and the information it contains is current and plausible and was not subject to fraudulent alterations, primarily relating to the status of the animals as intended for slaughter, but also in order to use the more favourable animal health and welfare conditions for movement of registered equidae.

• (8) In most Member States the databases of the different passport issuing bodies are not connected with each other, and for legal and administrative reasons a single passport issuing body is not a readily available option. Therefore, the establishment of a central database is considered to be the most effective solution to exchange and synchronise data between the different actors under Directives 90/427/EEC and 2009/156/EC as much as necessary to manage identification documents of equidae with the view to provide not only the required animal health guarantees but also to enable the application of those provisions in Union legislation on animal welfare and public health that have a correct and reliable identification of equidae as a prerequisite.

• (9) An inquiry carried out by the Commission in the context of the horsemeat events of 2013 showed that 23 Member States have established a central database, and two Member States have a single database for registered equidae and equidae for breeding and production respectively. Three Member States, representing about 20 % of the 6,7 million equidae in the Union, have no centralised database.

• (10) It is therefore necessary to review the Union system for the identification of equidae in order to ensure it is safe but also user-friendly.

• (11) Imports of equidae into the territories listed in Annex I to Regulation (EC) No 882/2004 of the European Parliament and of the Council ⁵ are subject to the conditions laid down in accordance with Directive 2009/156/EC and are authorised from third countries listed in the Annex to Commission Decision 2004/211/EC ⁶. Typically, about 4 000 registered equidae and equidae for breeding and production are introduced each year into the Union under the conditions laid down in Commission Decision 93/197/EEC ⁷.

• (12) When the customs procedures laid down in Regulation (EU) No 952/2013 of the European Parliament and of the Council ⁸ are applied, it is necessary to refer in addition to Council Regulation (EEC) No 706/73 ⁹. Regulation (EEC) No 706/73 stipulates that as from 1 September 1973, Union rules are applicable in the Channel Islands and the Isle of Man in the matter of veterinary legislation.

• (13) Commission Decision 96/78/EC ¹⁰ lays down criteria for the entry and registration of registered equidae in studbooks for breeding purposes. That Decision requires, amongst other things, that in order to be entered in the main section of a studbook of its breed an equine animal must be identified as foal at foot according to the studbook rules, which should at least require a covering certificate. In the interest of consistency of Union legislation and the ease of its application, the rules concerning the identification document should not compromise the application of the rules on the identification of equidae for the purpose of their entry in studbooks.

• (14) The methods for the identification of equidae laid down in this Regulation should also be in line with the principles established by breeding organisations approved in accordance with Commission Decision 92/353/EEC ¹¹. In accordance with that Decision, it is for the organisation or association which maintains the studbook of the origin of the breed to establish principles governing the identification of equidae and on the division of the studbook into classes and on the lineages entered in the studbook.

• (15) To ensure a high quality of identification documents and record keeping for all equidae in the Union, Member States should ensure that those systems for the identification of registered equidae which have been entered or registered in studbooks established by approved or recognised breeding organisations or breeders' associations meet, as regards the issuing of identification documents, the conditions established for the designation by the competent authority of bodies issuing identification documents for equidae for breeding and production.

• (16) The definition of ‘equidae’, falling strictly within the scope of point (b) of Article 2 of Directive 2009/156/EC, should be in line with the taxonomy used in Union legislation, such as in the appendices to Council Regulation (EEC) No 3626/82 ¹² and Commission Regulation (EU) No 206/2010 ¹³.

• (17) As the definition of holding laid down in Council Directive 92/35/EEC ¹⁴ includes nature reserves in which equidae live in freedom and is thus wider than that laid down in Directive 2009/156/EC, it is appropriate that the definition of holding laid down in this Regulation should also cover nature reserves in which equidae live in freedom.

• (18) Veterinary supervision necessary to provide the animal health guarantees required in accordance with Directive 2009/156/EC can only be ensured, where the holding as defined in that Directive is known to the competent authority. Similar requirements result from the application of Part A of Chapter II of Section I of Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council ¹⁵ in relation to equidae as food-producing animals. However, having regard to the frequency with which equidae are moved, it is not appropriate to establish a system whereby equidae should be traceable in real-time. Rather, identification details should be available to the competent authority and for this purpose a central database in each Member State is instrumental to manage information on equidae that are kept in that Member State.

• (19) Union legislation distinguishes between owners and keepers of animals. The term ‘keeper’ of animals is defined and used in Regulation (EC) No 1760/2000 of the European Parliament and of the Council ¹⁶. By contrast, Directive 2009/156/EC refers to the owner or breeder of the animal. A combined definition of owner and keeper is provided for in Directive 92/35/EEC. As under Union and national legislation, the owner of an equine animal is not necessarily the person responsible for the equine animal, it is appropriate to clarify that primarily the keeper of the equine animal, who may or may not be the owner, should be responsible for the identification of equidae in accordance with this Regulation.

• (20) Under legislation in Member States or as a requirement of certain issuing bodies, information on the owner of the animal needs to be entered in the identification document and as a consequence in the database maintained by the issuing body. This information on ownership, and moreover on the change of ownership, may be provided in different formats of ownership certificates or registration cards, including the ‘carte d'immatriculation’ practiced successfully in a Member State.

• (21) Council Directive 2008/73/EC ¹⁷ provides that Member States are to draw up, and keep up-to-date, lists of approved establishments in the veterinary and zootechnical fields and to make them available to the other Member States and to the public. In order to facilitate access by the other Member States and by the public to the lists of approved establishments, the lists should be made available electronically by Member States by means of internet-based information pages. The Commission should assist Member States in making those lists available to the other Member States and to the public by providing the internet address of a website, which should display national links to the internet-based information pages of the Member States.

• (22) In order to facilitate the exchange of information by electronic means between Member States, and to ensure transparency and comprehensibility, it is important that lists are presented following a uniform template throughout the Union. Commission Decision 2009/712/EC ¹⁸ therefore sets out models of the layout of the aforementioned lists on the internet-based information pages established by Member States.

• (23) Regulation (EC) No 504/2008 provides that equidae are not to be kept unless they are identified in accordance with that Regulation. The Commission has had to respond to several complaints concerning domestic horse populations living outside holdings in conditions that were not compatible with those described as semi-wild in that Regulation. It is therefore necessary to clarify, that equidae living in the Union are to be identified and as a second step to provide for a derogation where that condition cannot be met.

• (24) Equidae living in the Union should be identified by a lifetime identification document that provides a narrative and a diagrammatical description of the equine animal and records the individual marks of that animal for the purpose of identity verification. These marks may be either inherited, such as more than three whorls, chestnuts, colour marks, rare eye pigment defects, specific muscle depressions, but also detail-rich structures of iris or retina, specific genetic markers (DNA profile) or they may be acquired, such as saddle sore depigmentation and scars, including those from castration of stallions, or a brand.

• (25) Identification documents should not be issued unless completed with the required identification details which are to be recorded in the database of the issuing body in accordance with this Regulation.

• (26) In addition, the certificate of origin, provided for in Directive 90/427/EEC, to be incorporated in the identification document should mention all necessary information to ensure that equidae which are moved between different studbooks are entered in the class of the studbook the criteria of which they meet.

• (27) In accordance with Commission Decision 96/510/EC ¹⁹, the pedigree and zootechnical certificate for registered equidae must be in conformity with the identification document as laid down in Commission Decision 93/623/EEC ²⁰. As Decisions 93/623/EEC and 2000/68/EC were repealed by Regulation (EC) No 504/2008, it is necessary to clarify that any reference to those Decisions should be construed as reference to this Regulation.

• (28) The bodies issuing identification documents for registered equidae should be the organisations or associations which maintain or establish studbooks for registered equidae that are officially approved or recognised by the competent authority of a Member State in accordance with Decision 92/353/EEC, or an official agency of the Member State which manages the studbook in which the equine animal is entered or registered for breeding purposes in accordance with Decision 96/78/EC. Furthermore, national branches of international organisations or associations, which manage horses for competition or racing and have their headquarters in a Member State should also be able to act as a body issuing identification documents for registered horses.

• (29) Member States should be afforded more discretion in relation to the issuing bodies that issue identification documents for equidae for breeding and production. It should be possible for those identification documents to be issued by the competent authority for the holding where the equine animal is kept at the time of its identification or an issuing body designated and supervised by that competent authority.

• (30) The competent authority responsible for the approval or recognition of organisations or associations establishing studbooks in accordance with the Annex to Decision 92/353/EEC should cooperate with the competent authority referred to in Regulation (EC) No 882/2004 to ensure, where necessary by way of cooperation across borders, that identification documents for equidae are issued and used in accordance with this Regulation.

• (31) Since all equidae born in or imported into the Union should be identified in accordance with this Regulation by means of a single identification document issued for their lifetime, special provisions are necessary in cases where the status of an animal as ‘equidae for breeding and production’ is changed into ‘registered equidae’ within the meaning of Directive 2009/156/EC. Given the far reaching consequences of such a change for the movement, trade in and importation into the Union from third countries of equidae as regards the applicable animal health rules laid down in Directive 2009/156/EC, but also as regards the animal welfare rules governing such movements in accordance with Council Regulation (EC) No 1/2005 ²¹, it is necessary for the competent authority to have a single point of access, namely a central database, to verify the identification details of equidae required for certification or official controls.

• (32) Member States should be able to establish specific regimes for the identification of equidae roaming in wild or semi-wild conditions in defined areas or territories, including nature reserves, for the sake of consistency with the definition of holding laid down in Directive 92/35/EEC. However, any such derogation from the general obligation to identify equidae should be granted only where those defined populations of equidae living under wild or semi-wild conditions are effectively separated from equidae in any form of domestic use and remain not only outside of human control for their survival and reproduction, but also outside of the scope of Council Directive 98/58/EC ²² which does not apply to animals living in the wild.

• (33) To verify the identity of an equine animal, the identification document should contain first of all a high quality description of the equine animal consisting of a narrative describing the equine animal and its marks, and a detailed outline diagram displaying the individual and distinguishing marks of the equine animal.

• (34) To ensure that equidae are correctly described in their accompanying identification documents, issuing bodies should endeavour to follow best practices and train the personnel entrusted with the description of the animals for example by following the guidelines provided by the Fédération Équestre Internationale ²³ and of the Weatherbys ²⁴.

• (35) The marks of an equine animal and the means of identification applied to it, which in combination are used for the purpose of identity verification, should not only establish an unequivocal link between the equine animal and its identification document, but should also show that this equine animal has undergone the process of identification in accordance with this Regulation so that not more than one identification document is issued in respect of a single animal. Electronic identifiers (‘transponders’) for equidae are already used widely at international level. That technology should be used to ensure a close link between the equine animal and its identification document, although provision should be made for alternative methods to be used for the verification of the identity of the equine animal provided that those alternative methods deliver equivalent guarantees to prevent multiple issuing of identification documents.

• (36) Transponders used for the marking of equidae and the reading devices to display the code embedded in the transponder should comply with internationally agreed standards. Those standards provide for two different systems to ensure the uniqueness of the transponder code. The majority of Member States have implemented Regulation (EC) No 504/2008 in such a way as to use a three-digit alpha-numeric country code and to manage the distribution of the transponders through their competent authorities.

• (37) That system of ensuring the uniqueness of the transponder code should be integrated into the design of the databases maintained by issuing bodies and the central database implemented without compromising trade in and imports into the Union of equidae marked by a transponder displaying an alpha-numeric code of a different design.

• (38) Council Directive 90/425/EEC ²⁵ provides for veterinary checks to be carried out on certain animals and products at their place of destination. In particular, it provides that the consignees appearing on the certificate or document provided for in that Directive must, at the request of the competent authority of the Member State of destination and to the extent necessary to carry out those checks, report in advance the arrival of animals and products from another Member State and, in particular, the nature of the consignment and the anticipated arrival date. That notification is not required for registered horses bearing an identification document provided for by Directive 90/427/EEC.

• (39) While equidae must always be accompanied by their identification documents in accordance with current Union legislation, provision should be made to derogate from that requirement when it is impossible or even impractical with the view to the retention of the identification document throughout the lifetime of the equine animal, or where such a document was not issued taking into account the slaughter of the animal before it reaches the required maximum age for identification.

• (40) Member States should also be permitted to allow a simplified identification document to be used for equidae being moved within their territory. Plastic cards with embedded computer chips (‘smart cards’) have been introduced as data storage devices in various areas. It should be possible to issue such smart cards as an option in addition to the identification document and to use them under certain conditions instead of the identification document accompanying registered equidae or equidae for breeding and production during movements within a Member State.

• (41) It is also necessary to provide for cases where the original identification document issued in accordance with this Regulation for the lifetime of the equine animal is lost, is no longer legible or contains incorrect information which are not the result of illegal practices. Those provisions should, as far as possible, exclude the unlawful possession of more than one identification document in order to describe correctly the equine animal's status as intended for slaughter for human consumption. Where sufficient and verifiable information is available, a duplicate identification document should be issued which is marked as such, and generally excludes the equine animal from slaughter for human consumption. In other cases, a replacement identification document should be issued, equally marked as such and excluding the equine animal from slaughter for human consumption, that in addition should define the animal as an equine animal for breeding and production.

• (42) Those procedures should also apply to equidae that are presented for identification after the established deadline for the first identification because fraudulent practices and the intention to obtain an additional identification document cannot be excluded.

• (43) In certain cases, where equidae are entered or registered for entry in studbooks maintained by breeding organisations in third countries, specific provisions are necessary that allow the equine animal to maintain its registration in that studbook and at the same time to ensure its exclusion from the food chain by appropriate entries in that identification document.

• (44) In accordance with Directive 2009/156/EC, the identification document is an instrument to restrict the movement of equidae in the case of an outbreak of a compulsorily notifiable disease on the holding where they are kept or bred. It is therefore necessary to provide for the suspension of the validity of that identification document for movement purposes in the event of an outbreak of certain diseases by an appropriate entry in the identification document.

• (45) In addition, Directive 2009/156/EC requires that registered equidae when they leave their holding are identified by means of an identification document, which must certify in particular that the equidae do not come from a holding which has been subject to certain prohibition orders. It is therefore appropriate to make the dedicated Section in the model identification document compulsory for all equidae and to reword it accordingly.

• (46) On the death of equidae other than by slaughter at a slaughterhouse, the identification document, if it accompanies the carcass pursuant to national legislation, should be returned to the issuing body by the authority supervising the processing of the dead animal in accordance with Regulation (EC) No 1069/2009 of the European Parliament and of the Council ²⁶ or the cremation in low-capacity incinerators referred to in Chapter III of Annex III to Commission Regulation (EU) No 142/2011 ²⁷, and it should be ensured that the transponder, or any alternative methods used to verify the identity of equidae, cannot be recycled.

• (47) To prevent transponders from entering the food chain, meat from equine animals from which it has not been possible to remove the transponder at the time of slaughter should be declared unfit for human consumption in accordance with Chapter V of Section II of Annex I to Regulation (EC) No 854/2004. To ease the location of the implanted transponders, the place of implantation should be standardised and recorded in the identification documents.

• (48) In accordance with Regulation (EC) No 178/2002 of the European Parliament and of the Council ²⁸, live animals prepared for placing on the market for human consumption are defined as food. That Regulation provides for far-reaching responsibilities of food business operators throughout all stages of the production of food, including the traceability of food-producing animals.

• (49) Equidae for breeding and production, as well as registered equidae, may become equidae for slaughter as defined in Directive 2009/156/EC at a certain stage of their lifetime. Meat of solipeds, synonymous for equidae, is defined in point 1 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council ²⁹, which lays down specific hygiene rules for food of animal origin.

• (50) After the transitional arrangements for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 have elapsed in accordance with Commission Regulation (EC) No 2076/2005 ³⁰, food chain information requirements for equidae have been implemented since 1 January 2010.

• (51) Regulation (EC) No 853/2004 provides that the slaughterhouse operator is to receive, check and act upon food chain information providing details on the origin, history and management of animals intended for food production. The competent authority may allow food chain information on domestic solipeds to be sent to the slaughterhouse at the same time as the animals, rather than being sent in advance. The identification document accompanying equidae for slaughter should therefore form a part of that food chain information.

• (52) Regulation (EC) No 854/2004 provides that the official veterinarian is to verify compliance with the food business operator's duty to ensure that animals accepted for slaughter for human consumption are properly identified.

• (53) Regulation (EC) No 853/2004 provides that food business operators are to check passports accompanying domestic solipeds to ensure that the animal is intended for slaughter for human consumption and if they accept the animal for slaughter they are to give the passport to the official veterinarian.

• (54) Given the specific situation of equidae which are born as animals of a food producing species, but which are not in all cases primarily bred for that purpose and are in the majority of cases not kept throughout their lives by food business operators as defined in point 3 of Article 3 of Regulation (EC) No 178/2002, it is necessary to provide for a procedure that ensures a seamless connection from the checks on the identification document for public health reasons to the management of that document in accordance with Directive 2009/156/EC. A central database in each Member State is therefore instrumental to verify certain details of and in an identification document before a decision is taken to accept that animal for slaughter for human consumption. In the case where the information as regards the exclusion from slaughter for human consumption in Section II of the identification document does not match the information recorded in the central database, the information contained in either of them which leads to the exclusion of the equine animal from slaughter for human consumption should prevail.

• (55) Council Directive 96/22/EC ³¹ applies to farm animals, including domestic solipeds, as well as wild animals of those species which have been raised on a holding. Article 7 of that Directive allows trade in registered equidae to which veterinary medicinal products containing allyl trenbolone or beta-agonists have been administered for zootechnical purposes to take place before the end of the withdrawal period, provided that the conditions governing the administration are fulfilled and that the type and date of treatment are entered on the certificate or passport accompanying these animals.

• (56) Point (b) of Article 2 of Regulation (EC) No 470/2009 of the European Parliament and of the Council ³² defines food producing animals as ‘animals bred, raised, kept, slaughtered or harvested for the purposes of producing food’. Article 16 of that Regulation provides that only pharmacologically active substances which are classified in accordance with Article 14(2)(a), (b) or (c) of that Regulation may be administered to food-producing animals within the Union provided that such administration is in accordance with Directive 2001/82/EC of the European Parliament and of the Council ³³.

• (57) Article 6 of Directive 2001/82/EC provides that a veterinary medicinal product may not be the subject of a marketing authorisation for the purpose of administering it to one or more food-producing species unless the pharmacologically active substances which it contains are included in Annex I, II or III to Regulation (EEC) No 2377/90. The rules laid down in those Annexes are now set out in Commission Regulation (EU) No 37/2010 ³⁴. However, by way of derogation a veterinary medicinal product containing pharmacologically active substances not included in Annex I, II or III to Regulation (EEC) No 2377/90 may be authorised for particular animals of the equidae family that have been declared, in accordance with Union animal health legislation as not being intended for slaughter for human consumption. Such veterinary medicinal products must neither include active substances that appear in Annex IV to Regulation (EEC) No 2377/90 nor be intended for use in the treatment of conditions, as detailed in the authorised Summary of Product Characteristics, for which a veterinary medicinal product is authorised for animals of the equidae family. Consequently, provisions should be made that an equine animal may be excluded from slaughter for human consumption on the discretion of the owner of the animal.

• (58) Article 10(2) and (3) of Directive 2001/82/EC provides for specific derogations for equidae from Article 11 of that Directive, relating to the treatment of food-producing animals with medicinal products that have an established maximum residue limit for species other than the target species or are authorised for a different condition, provided that those equidae are identified in accordance with Union legislation and specifically marked in their identification document as not intended for slaughter for human consumption or as intended for slaughter for human consumption following a withdrawal period of at least 6 months after they have been treated with substances listed in Commission Regulation (EC) No 1950/2006 ³⁵.

• (59) In accordance with Directive 2001/82/EC, Member States are to ensure that the owners or keepers of food-producing animals can provide proof of purchase, possession and administration of veterinary medicinal products to such animals for 5 years after their administration, including when the animal is slaughtered during the 5-year period. It is therefore necessary for the application of that legislation that the slaughter of an equine animal is promptly inserted in the central database of the Member State where the holding of the animal is located.

• (60) In order to maintain control over the issuing of identification documents, a minimum set of relevant data relating to the issuing of such documents should be recorded in a database maintained by the issuing body.

• (61) The Universal Equine Life Number (UELN) system has been agreed worldwide between the major horse-breeding and competition organisations. It has been developed on the initiative of the World Breeding Federation for Sport Horses (WBFSH), the International Stud-Book Committee (ISBC), the World Arabian Horse Organization (WAHO), the European Conference of Arabian Horse Organisations (ECAHO), the Conférence Internationale de l'Anglo-Arabe (CIAA), the Fédération Equestre Internationale (FEI) and the Union Européenne du Trot (UET) and information on this system can be consulted on the UELN website ³⁶.

• (62) The UELN system is suitable for the registration of both registered equidae and equidae for breeding and production and allows computerised networks to be brought in gradually to ensure that the animals' identity can continue to be verified in accordance with Article 6 of Directive 90/427/EEC in the case of registered equidae.

• (63) When codes are assigned to databases, those codes and the format of the recorded identification numbers of individual animals should in no way conflict with the established UELN system. Therefore, the list of assigned UELN codes should be consulted before any new code is assigned to a database.

• (64) Directive 2009/156/EC requires the official veterinarian to record the identification number or identification document number of the slaughtered equidae, and to forward to the competent authority at the place of dispatch, at the latter's request, an attestation to the effect that the animal has been slaughtered. It should therefore be clarified that in such cases the identification documents must be destroyed at the place of slaughter to prevent the fraudulent use of identification documents from slaughtered equine animals.

• (65) That Directive also provides that after registered horses are slaughtered, which includes killing, for disease control purposes, their identification documents are to be returned to the body that issued them. Those requirements should also apply to identification documents issued for registered equidae other than registered horses and equidae for breeding and production.

• (66) To ensure that the databases of issuing bodies contain up-to-date information, it is necessary to establish a flow of information on the death or loss of the animal in the database of the body which issued the document and in the central database in the Member State where the holding is located on which the equine animal was kept.

• (67) Recording a UELN-compatible life number and using it to identify the authorities or bodies which issued the identification document should facilitate compliance with those requirements. Where possible, Member States should use the liaison bodies they have designated in accordance with Regulation (EC) No 882/2004.

• (68) By compulsory recording of the applicant for an identification document, who is, within the time limit of less than 12 months after the birth of the animal, the breeder and usually the owner of the animal for which an identification document is issued, together with the obligation to notify to the issuing body any change of usual residence of the equine animal to a different Member State, a chain of information can be built up to trace an animal where necessary.

• (69) In accordance with Regulation (EC) No 504/2008, identification details are to be updated in the identification document by the issuing body that issued the document. Member States have reported the reluctance of owners of equidae to submit by mail the identification document to issuing bodies for the updating of identification details, even more so where the issuing body is located abroad. This reluctance is based on fears to lose the identification document and consequently to have the equine animal identified by a duplicate or replacement identification document which excludes the animal from slaughter for human consumption and substantially decreases the value of the animal.

• (70) To ease the management of the identification document throughout the lifetime of the animal, it is necessary to introduce procedures for the registration of the identification document in the Member State of usual residence especially where the identification document was issued in a different Member State. The necessary communication with the issuing body who carried out the initial identification is best achieved by the exchange of information between the central databases of the Member States concerned.

• (71) In addition, issuing bodies may lose their approval or designation while the identification documents issued remain valid documents for animal and public health purposes. It is therefore necessary to back up the information in the identification document by means of a database that is accessible to the competent authorities in the field of animal and public health and animal welfare.

• (72) Because there is usually more than one issuing body in each Member State, equidae frequently move between holdings and between Member States, they change their status from ‘equidae for breeding and production’ to ‘registered equidae’ or from food producing animals to animals which are excluded from slaughter for human consumption and because registered equidae may be identified by an organisation keeping a studbook which has its headquarters in another Member State, it is inevitable, necessary and appropriate for the effective implementation of Directives 90/427/EEC and 2009/156/EC to establish a central database in each Member State that contains records of identification details of all equidae kept on holdings located in the respective Member State.

• (73) However, it would be permissible that those Member States that have set up a single database for registered equidae and another for equidae for breeding and production continue to operate such system, provided the databases can communicate and the veterinary authorities have full access to each of them.

• (74) For that purpose, the central databases in different Member States should cooperate in accordance with Council Directive 89/608/EEC ³⁷ to facilitate the exchange of data relating to the animal and the identification document issued for it.

• (75) With a view to the uniform application of Union legislation on the identification of equidae in the Member States and to ensure that it is clear and transparent, Regulation (EC) No 504/2008 should be repealed and replaced by this Regulation.

• (76) In accordance with point 24 of the Annex to Commission Regulation (EU) No 519/2013 ³⁸, equidae which were born in Croatia by 30 June 2013 at the latest and not identified in accordance with Regulation (EC) No 504/2008 shall be identified in accordance with the latter Regulation by 31 December 2014 at the latest.

• (77) This Regulation should apply from 1 January 2016 in order to give Member States and operators the time to adapt to the new rules. However, the requirement to establish and operate a central database should apply in Greece, Sweden and the United Kingdom from 1 July 2016.

• (78) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed and the Standing Committee on Zootechnics,

HAS ADOPTED THIS REGULATION:

CHAPTER I SUBJECT MATTER, SCOPE, DEFINITIONS, GENERAL PRINCIPLES

Article 1

Subject matter and scope

• (a) born in the Union; or

• (b) released for free circulation in the Union in accordance with the customs procedure defined in point 16(a) of Article 5 of Regulation (EU) No 952/2013.

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

• (a) ‘equidae’ or ‘equine animal(s)’ means wild or domesticated soliped mammals of all species within the genus Equus of the family Equidae, and their crosses;

• (b) ‘holding’ means an agricultural or training establishment, a stable or any premises or facilities in which equidae are habitually kept or bred, for whatever use, and nature reserves in which equidae live in freedom;

• (c) ‘keeper’ means any natural or legal person having possession of, or being charged with, the keeping of equidae, whether or not for financial reward, and whether on a temporary or permanent basis, including during transportation, at markets, or during competitions, races or cultural events;

• (d) ‘owner’ means the natural or legal person(s) having the ownership of the equine animal;

• (e) ‘registered equidae’ means any equidae which are:

• (i) entered or registered and eligible for entry in a studbook, in accordance with the rules laid down pursuant to Article 4(2)(b) of Directive 90/427/EEC and identified by means of an identification document provided for in Article 8(1) of that Directive; or

• (ii) horses, including ponies, registered with an international association or organisation, which manages horses for competition or racing and identified by means of an identification document issued by the national branch of that association or organisation;

• (f) ‘studbook’ means any book, register, file or data medium:

• (i) which is maintained either by an organisation or an association officially approved or recognised by a Member State or maintained by an official agency of the Member State concerned; and

• (ii) in which equidae are entered or registered and eligible for entry with a mention of all their known ascendants;

• (g) ‘equidae for breeding and production’ means equidae other than those referred to in points (e) and (h);

• (h) ‘equidae for slaughter’ means equidae intended to be transported either directly or after transit through an approved marshalling centre, referred to in Article 7 of Directive 2009/156/EC, to the slaughterhouse for slaughter;

• (i) ‘competent authority’ means the central authority of a Member State competent for the organisation of official controls or any other authority to which that competence has been conferred, including the competent authority referred to in point (h) of Article 2 of Directive 2009/156/EC;

• (j) ‘zootechnical authority’ means the central authority of a Member State competent for the implementation of Directive 90/427/EEC or any other authority to which that competence has been conferred, including the authorities referred to in Article 2(1) of Decision 92/353/EEC;

• (k) ‘temporary admission’ means the status of a registered horse coming from a third country and admitted into the Union for a period of less than 90 days pursuant to a Decision adopted in accordance with point (b) of Article 19 of Directive 2009/156/EC;

• (l) ‘permanent entry’ means the status of an equine animal originating in a third country and imported into the Union for a period of 90 days or more;

• (m) ‘mark’ means any visible or viewable and distinguishing characteristic of an individual equine animal, which is either inherent or acquired, and recorded for identification purposes;

• (n) ‘transponder’ means a read-only passive radio-frequency identification device:

• (i) complying with standard ISO 11784 and applying Full Duplex (FDX or FDX-B) or Half Duplex (HDX) technology; and

• (ii) capable of being read by a reading device compatible with standard ISO 11785, at a minimum distance of 12 cm;

• (o) ‘unique life number’ means a unique 15-digit alpha-numeric code compiling information on the individual equine animal and the database and country where such information is first recorded in accordance with the coding system of the Universal Equine Life Number (UELN) and comprising:

• (i) a six-digit UELN-compatible identification code for the database referred to in Article 39; followed by

• (ii) a nine-digit individual identification number assigned to the equine animal;

• (p) ‘Member State free from African horse sickness’ means:

• (i) any Member State in which there has been no clinical, serological (in unvaccinated equidae) or epidemiological evidence of African horse sickness on the territory concerned in the previous 2 years; and

• (ii) in which there have been no vaccinations against that disease during the previous 12 months;

• (q) ‘compulsorily notifiable diseases’ means the diseases listed in Annex I to Directive 2009/156/EC;

• (r) ‘official veterinarian’ means the veterinarian designated by the competent authority of a Member State or of a third country;

• (s) ‘smart card’ means a plastic device with an embedded computer chip capable of storing data and transmitting them electronically to compatible computer systems;

• (t) ‘veterinarian responsible’ means the veterinarian referred to in Article 10(1) of Directive 2001/82/EC.

Article 3

General principles and obligation to identify equidae

Article 4

The Union system for equine identification

• (a) a single lifetime identification document which, unless otherwise provided by the issuing body or provided for in this Regulation, shall remain the property of the issuing body that issued it, and which contains:

• (i) a narrative describing the equine animal and recording its marks;

• (ii) a completed outline diagram depicting the marks recorded in the narrative;

• (iii) a space for authorised entries describing modifications to the identification details;

• (b) a method of identity verification which:

• (i) ensures an unequivocal link between the identification document and the equine animal for which it was issued;

• (ii) shows that that equine animal has already undergone a process of identification;

• (c) a database recording, in accordance with Article 38, the identification details relating to the equine animal for which the identification document was issued and to the keeper who submitted the application for the identification document and at the same time assigning the unique life number to the animal;

• (d) a central database set up in accordance with Article 39.

• (a) accompanied by an identification document issued in accordance with one of the following provisions:

• (i) Article 9, for equidae born in the Union; or

• (ii) Article 14, for equidae imported into the Union; or

• (iii) Article 29 or 30 when accompanied by a duplicate identification document; or

• (iv) Article 32 when accompanied by a replacement identification document; or

• (b) identified in accordance with:

• (i) Article 24, for derogations for movements or the transport of equidae accompanied by a temporary document; or

• (ii) Article 26(2), for derogations for certain movements and transport of equidae for slaughter.

CHAPTER II IDENTIFICATION OF EQUIDAE BORN IN THE UNION

Article 5

Issuing bodies for equidae born in the Union

• (a) for registered equidae referred to in point (e)(i) of Article 2 of this Regulation, by an organisation or association officially approved or recognised in accordance with Article 2(1) of Decision 92/353/EEC, or by an official agency of a Member State, which manages the studbook in which the equine animal has been entered or has been registered and is eligible for entry in accordance with Decision 96/78/EC;

• (b) for registered horses referred to in point (e)(ii) of Article 2, by a national branch of an international organisation or association, which manages horses for competition or racing, supervised by the competent authority of the Member State where it has its headquarters;

• (c) for equidae for breeding and production referred to in point (g) of Article 2, by:

• (i) the competent authority for the holding where the equine animal is kept at the time of its identification; or

• (ii) an issuing body designated and supervised by the competent authority referred to in point (i) to which that task was delegated.

• (a) there must be an accurate description of the tasks and responsibilities that the issuing body is required to carry out and of the conditions in which it may carry them out;

• (b) there must be proof that the issuing body:

• (i) has the expertise, equipment and infrastructure required to carry out the tasks delegated to it;

• (ii) has a sufficient number of suitably qualified and experienced staff;

• (iii) is impartial and free from any conflict of interest as regards the exercise of the tasks delegated to it;

• (iv) has a model identification document that complies with the requirements provided for in this Regulation;

• (c) the issuing body must cooperate closely with the competent authority to prevent and, where necessary, to remedy any cases of non-compliance with the requirements of this Regulation;

• (d) there is efficient and effective coordination between the competent authority and the designated issuing body.

Following the withdrawal of the authorisation to issue identification documents, the competent authority shall ensure that equidae under its responsibility continue to be identified in accordance with this Regulation and that the identification documents returned or returning in accordance with Article 34 are taken in custody of that competent authority or an issuing body to which this task was delegated by the competent authority.

Article 6

Information concerning issuing bodies

• (a) include the contact details necessary to comply with the requirements of Article 35 and Articles 37(4), 38(3) and 40(1);

• (b) comply with the model template set out in point (f) of Section I in Chapter 2 of Annex II to Decision 2009/712/EC and the requirements set out in Annex III to that Decision;

• (c) be directly accessible through the internet link provided to the Commission in accordance with paragraph 3 and be sufficiently intuitive for non-native speakers.

Article 7

Format and content of identification documents issued for equidae born in the Union

• (a) the model identification document set out in Part 1 of Annex I;

• (b) the additional requirements set out in Part 2 of that Annex.

• (a) in the case of registered equidae, at least Sections I to IX;

• (b) in the case of equidae for breeding and production, at least Sections I to IV.

Where, without prejudice to Article 4(1)(a), the rules of procedure of an issuing body so allow, issuing bodies shall ensure that the identification documents referred to in Article 34(1)(c)(ii) and Article 35 are effectively invalidated to prevent any fraudulent use of the document itself and the information it contains, before the document is handed out to the owner in memory of the animal.

Article 8

Obligations of the competent authority as regards the issuing of identification documents for equidae born in the Union

The zootechnical authority and the competent authority shall ensure that on their territory the issuing bodies under their respective responsibility:

• (a) issue identification documents which comply with the requirements provided for in Article 7(1), (2) and (3);

• (b) have the necessary systems in place to verify, when required by the competent authority, whether an identification document declared to be issued by them:

• (i) is unique, genuine and authentic;

• (ii) includes, where blank identification documents are printed on stock, a serial number printed at least on the pages containing Sections I, II and III of the identification document.

Article 9

Issuing of identification documents for equidae born in the Union

• (a) comply with the requirements of Article 7(1), (2) and (3);

• (b) have Section I thereof duly completed with information verified by or on behalf of the issuing body indicated in point 11 of Part A of Section I;

• (c) have Section IV thereof completed, if required by national legislation or by the rules and regulations of the issuing body referred to in point (a) and (b) of Article 5(1);

• (d) have Section V thereof completed in accordance with paragraph 2 of this Article.

• (a) the full pedigree information;

• (b) the section of the studbook referred to in Article 2 or 3 of Decision 96/78/EC;

• (c) where established, the class of the main section of the studbook in which the registered equine animal is entered.

• (a) issue in accordance with points (a) and (b) of paragraph 1 and the rules of that issuing body an identification document complying with the provisions in paragraphs 1, 2 and 3 of Article 7; or

• (b) recognise and validate the identification document issued for that horse in accordance with paragraph 1 of this Article; or

• (c) issue a new identification document in accordance with Article 12(3)(c).

Article 10

Derogation from the completion of certain information in Sections I and IV of the identification document

• (a) a transponder is implanted in accordance with Article 18, or an equivalent authorised alternative method of identity verification is applied in accordance with Article 21;

• (b) a photograph or print displays sufficient details to depict the equine animal.

• (a) not avail of the derogation granted in accordance with paragraph 1 of this Article;

• (b) adapt identification documents issued in accordance with paragraph 1 of this Article to the requirements set out in Article 9(1).

• (a) the unique life number of the equine animal;

• (b) the number of the identification document, where applied, and the transponder code or an authorised alternative method of identity verification in accordance with Article 21.

The ownership certificate or registration card provided for in the first subparagraph shall be returned to the issuing body if the animal died or was sold, lost, stolen, slaughtered or killed.

Article 11

Applications for identification documents for equidae born in the Union

Article 12

Deadline for identification of equidae born in the Union

• (a) on request of or by the competent authority, where the existing identification document does not comply with the requirements of Article 7(1),(2) and (3) or certain identification details set out in Section I, II or V have not been entered accurately by the issuing body; or

• (b) where an equine animal for breeding and production is upgraded to a registered equine animal in accordance with the rules of the issuing body referred to in Article 5(1)(a) and the existing identification document cannot be adapted accordingly; or

• (c) where a horse is upgraded to or registered as a registered horse referred to in point (e)(ii) of Article 2 in accordance with the rules of the issuing body referred to in Article 5(1)(b) and the existing identification document cannot be adapted accordingly; or

• (d) where an identification document is issued in accordance with Article 10(1) and cannot be adapted to the requirements of Article 9(1) in accordance with Article 10(2)(b); or

• (e) in the cases referred to in Article 18(4) and (5) and the existing identification document cannot be adapted accordingly; or

• (f) where the identification document is confiscated by the competent authority in the context of an investigation.

In the cases described in the first subparagraph, the existing identification document shall be surrendered to the issuing body to be invalidated and the invalidation of the existing identification document and the issuing of the new identification document shall be recorded in the database established in accordance with Article 38.

Article 13

Derogations concerning the identification of certain equidae living under wild or semi-wild conditions

• (a) removed from such populations, excluding the transfer under official supervision from one defined population to another; or

• (b) brought into domestic use.

CHAPTER III IDENTIFICATION OF EQUIDAE IMPORTED INTO THE UNION

Article 14

Identification of equidae imported into the Union

Identification documents issued in third countries shall be deemed valid in accordance with this Regulation provided that they comply with the following conditions:

• (a) they were issued:

• (i) in the case of registered equidae, by a body in a third country, included in the list provided for in Article 3(1) of Directive 94/28/EC, issuing pedigree certificates; or

• (ii) in the case of a registered horse, by a national branch of an international organisation or association, which manages horses for competition or racing with its headquarters in the third country of the international organisation or association referred to in Article 5(1)(b); or

• (iii) in all other cases by the competent authority of the third country of origin of the equine animal;

• (b) they comply with all requirements of Article 7(2).

Article 15

Applications for identification documents for equidae imported into the Union

• (a) equidae are imported into the Union; or

• (b) the competent authority has converted the temporary admission of a registered horse in accordance with a Decision adopted by the Commission pursuant to point (b) of Article 19 of Directive 2009/156/EC, into a permanent entry in accordance with point (c) of Article 19 of that Directive.

• (a) complete the identification document, so that it complies with the requirements of Article 7(2);

• (b) record the identification details of the equine animal and the complementary information in the database established in accordance with Article 38.

CHAPTER IV CHECKS REQUIRED PRIOR TO ISSUING OF IDENTIFICATION DOCUMENTS AND METHODS OF IDENTITY VERIFICATION

Article 16

Verification of single identification documents issued for equidae

• (a) verify that no such identification document has already been issued for the equine animal concerned;

• (b) prevent the fraudulent issuing of multiple identification documents for an individual equine animal.

• (a) consulting the appropriate documentation and electronic records available;

• (b) estimating the age of the equine animal;

• (c) checking the equine animal, as provided for in Article 17, for any signs or marks indicative of any previous identification.

Article 17

Measures to detect previous identification of equidae

• (a) any transponder previously implanted, using a reading device complying with ISO standard 11785 and capable of reading at least HDX and FDX-B transponders at least when the reader is in direct contact with the body surface on the spot where under normal circumstances a transponder is implanted;

• (b) any clinical signs indicating that a transponder previously implanted or a mark previously applied in accordance with Article 21 has been surgically removed or altered;

• (c) any sign or indication that an alternative method of identity verification was applied to the equine animal in accordance with Article 21.